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§ 1 Preliminary provisions
1. The online store Chocante.pl, available at the internet address www.chocante.pl, is run by Tomasz Orzeszko running a business under the company Skeppi Tomasz Orzeszko, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for the economy, NIP: 7962630274, REGON 120192794.
2. These terms and conditions shall be addressed to both consumers and traders using the store and shall specify the rules for the use of the online store and the rules and mode of concluding distance sales contracts with the customer through the store.
§ 2 Definitions
1. Consumer – a natural person entering into a contract with the Seller within the Store, the object of which is not directly related to his business or professional activity.
2. Seller – a natural person conducting business activity under the company Skeppi Tomasz Orzeszko, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for the economy, NIP PL7962630274, REGON 120192794.
3. Customer – any entity making purchases through the Store.
4. Entrepreneur – a natural person, a legal person and an organizational unit which is not a legal person, whose separate law confers legal capacity, performing in its own name an economic activity that uses the Store.
5. Store – an online store run by the Seller at the Internet address www.chocante.pl.
6. Distance contract – an agreement concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
7. Regulations – these regulations of the Store.
8. Order – the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller.
9. Account – the customer's account in the Store, it collects data provided by the Customer and information about the Orders placed by him in the Store.
10. Registration form – a form available in the Store, enabling the creation of an Account.
11. Order form – an interactive form available in the Store to place an Order, in particular by adding Products to the Shopping Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. Shopping Cart – A component of the store software, in which you can see the selected products for purchase, and it is also possible to determine and modify the order data, in particular the quantities of products.
13. Product – a movable item available in the Store / service that is the subject of the Sales Agreement between the Customer and the Seller.
14. Sales Agreement – a contract for the sale of the Product concluded or concluded between the Customer and the Seller through the Online Store. The Sales Agreement also means – applying to the characteristics of the Product – a contract for the provision of services and a contract for work.
§ 3 Contact with the Store
1. Seller's address: Blachnickiego 3/8, 31-538 Krakow, Poland
2. Seller's e-mail address: email@example.com
3. Seller's phone number: +48 606 76 58 75
4. Seller's bank account number PL42109000800000000143793323 The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
5. The Customer may communicate by phone with the Seller between 10.00 and 18.00.
§ 4 Technical requirements
To use the store, including browsing the store assortment and placing orders for products, you need:
a. an end device with access to the Internet and a web browser such as Edge, Firefox, Chrome, Opera, Safari,
b. an active e-mail account (e-mail),
c. cookies enabled,
d. FlashPlayer installed.
§ 5 General information
1. The seller, to the fullest extent permitted by law, shall not be liable for any disruption of the store caused by force majeure, unauthorized action by third parties or incompatibility of the online store with Customer's technical infrastructure.
2. Browsing the store assortment does not require account creation. Ordering by the customer for the products in the shop assortment is possible either after the account is created in accordance with the provisions of § 6 of the regulations or by providing the necessary personal and address information to enable the execution of the order Without account creation.
3. Prices quoted in the store are quoted in Polish zloty and are gross prices (incl. VAT).
4. The final (final) amount payable by the customer shall consist of the price for the product and the cost of delivery (including transportation, delivery and postal services), which the customer is informed on the store's website during the placing of the order, including at the time will be bound by the sales agreement.
5. In the case of an agreement covering subscription or provision of services for an indefinite period, final (final) price is the total price including all payments for the billing period.
6. Where the nature of the subject matter of the agreement does not allow, by reasonable assessment, for the prior calculation of the final (final) Price, information on the way in which the price will be calculated and the charges for transport, delivery, postal services and Other costs, will be stated in the store in the product description.
§ 6 Creating an Account in the Store
1. To create an account in the store, you must complete the registration form. It is necessary to provide the following data: name, surname and e-mail address.
2. Creating an Account in the Store is free of charge.
3. Logging into the account is done by providing the login and password provided in the registration form.
4. The customer may at any time, without giving any reason and without incurring any fees, remove the account by sending an appropriate request to the seller, in particular by e-mail or in writing to the addresses provided in § 3.
§ 7 Rules for placing an Order
To place an order:
1. log in to the Store (optional);
2. select the Product that is the subject of the Order, and then click the "Add to cart" button;
3. log in or use the possibility of placing an Order without registration;
4. if the possibility of placing an Order without registration has been chosen – fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice data, if they are different from the data of the recipient of the Order,
5. click the "Order and pay" button and confirm the order by clicking on the link sent in the e-mail,
6. choose one of the available payment methods and, depending on the method of payment, pay for the order within the specified period, subject to § 8 point 3. § 8 Offered delivery and payment methods
1. The customer may use the following methods of delivery or collection of the ordered product:
(a). Postal item
2. The customer can use the following payment methods:
a. Payment by bank transfer to the Seller's account
b. Electronic payments
c. Payment by credit card.
3. Detailed information on delivery methods and accepted payment methods can be found on the Store's website.
§ 9 Performance of the sales contract
1. The conclusion of the sales agreement between the client and the seller is effected after the customer has placed the order using the order form in the online store according to § 7 of the regulations.
2. After placing the order, the seller shall immediately acknowledge receipt and at the same time accept the order for execution. Confirmation of receipt of the order and its acceptance for execution shall be effected by sending the customer a corresponding e-mail message to the client's e-mail address provided at the time of placing the order, which shall contain at least The seller's statement of receipt of the order and its acceptance for execution and confirmation of the conclusion of the sales agreement. When the customer receives the above e-mail, the sales agreement between the customer and the seller is concluded.
3. If the Customer
chooses: a. payment by bank transfer, electronic payment or payment by payment card, the Customer is obliged to make the payment within 3 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be canceled.
b. payment in cash upon personal collection of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
4. If the customer chose a delivery method other than personal pickup, the product will be shipped by the seller within the time specified in his description (subject to paragraph 5 of this paragraph), in the manner chosen by the customer when placing the order.
5. A when ordering products with different delivery dates, the delivery date is the longest specified date. B in the case of ordering products with different delivery times, the customer has the option to request delivery of the products parts or to supply all products after completing the entire order.
6. The beginning of the period of delivery of the Product to the Customer is counted as follows:
a. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller's bank account.
7. When ordering products with different pickup times, the pickup readiness date is the longest specified date.
9. Delivery of the Product takes place in Europe, South America, North America, Asia, Africa and Australia
10. The delivery of the product to the customer is payable, unless the sales agreement provides otherwise. The delivery costs of the product (including transport, delivery and postal services) are indicated to the customer on the website of the online store in the section "Delivery costs" and during the placing of the order, including at the time of the customer's intention to The sale agreement.
11. Personal receipt of the product by the customer is free.
§ 10 Right of withdrawal
1. The consumer may withdraw from the sales agreement within 14 days without giving any reason.
2. The period laid down in para. 1 begins with the delivery of the product to the consumer or to a person other than the carrier indicated.
3. In the case of a contract which includes a number of products which are supplied separately, in batches or in parts, the term indicated in para. 1 runs from the delivery of the last item, lot or part.
4. In the case of a contract which consists in the regular delivery of the products for a period of time (subscription), the term indicated in para. 1 runs from taking possession of the first thing.
5. The consumer may withdraw from the agreement by submitting a statement of withdrawal from the agreement to the seller. It is sufficient for the consumer to send a statement before the expiry of that period to the deadline for withdrawal.
6. The statement may be sent by traditional mail or electronically by sending a statement to the Seller's e-mail address or by submitting a statement on the Seller's website – the Seller's contact details are specified in § 3. The declaration can also be made on a form, the specimen of which is appendix 1 to these Regulations and an annex to the act of 30 May 2014 of the year on consumer rights, but this is not obligatory.
7. If the Consumer sends a statement electronically, the Seller will promptly send the Consumer an e-mail address to the confirmation of receipt of the declaration of withdrawal from the Agreement provided by the Consumer.
8. Consequences of withdrawal from the Agreement:
a. In the event of withdrawal from the Agreement concluded at a distance, the Agreement shall be deemed not to have been concluded.
b. In the event of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, all payments made by him, including the costs of delivery of the item, with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
c. The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not involve any costs for him.
d. The Seller may withhold the refund of the payment until the Product is received back or until proof of its return has been provided to the Seller, whichever occurs first.
e. The consumer should return the product to the seller's address provided in these terms and conditions immediately, no later than 14 days from the date on which he informed the seller of the withdrawal from the agreement. The deadline will be met if the Consumer sends back the Product before the expiry of the 14-day period.
f. The Consumer bears the direct costs of returning the Product, including the costs of returning the Product, if due to its nature the Product could not be sent back by post in the usual way.
g. The consumer shall only be liable for a reduction in the value of the product resulting from its use in a manner other than necessary to establish the nature, characteristics and functioning of the product. 9. In the event that, due to the nature of the product, it cannot be sent back in ordinary mail mode, information about it, as well as the cost of returning the product, will be included in the product description in the store.
10. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:
a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs,
b. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygienic reasons, if the packaging was opened after delivery, c. in which the subject of
the service is an item subject to rapid deterioration or having a short shelf life, d. for the
provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the performance of the service by the Seller will lose the right to withdraw from the Agreement,
e. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline for withdrawal from the Agreement,
f. in which the subject of the service are things that, after delivery, due to their nature, are inseparably connected with other things,
g. in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control,
h. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the packaging was opened after delivery,
i. for the delivery of logs, periodicals or magazines, with the exception of a subscription agreement,
i.e. for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline for withdrawal from the contract and after informing him by the Seller about the loss of the right to withdraw from the Agreement,
§ 11 Complaint and warranty
1. The Sales Agreement covers the new Products.
2. In the event of a defect purchased from the seller, the customer is entitled to a complaint based on the provisions of the Civil Code warranty.
3. The complaint must be filed in writing or electronically to the seller's addresses provided in these terms and conditions.
4. The seller shall respond to the claim immediately, no later than within 14 days, and if he does not do so within that period, it is considered that the client's request was considered reasonable.
5. The goods referred to in the complaint procedure should be sent to the address given in § 3 hereof.
6. In the event that the product has been granted a warranty, information about it, as well as its contents, will be included in the product description in the store.
§ 12 Out-of-court complaint and redress procedures
1. Detailed information on the possibility for the Consumer to use out-of-court complaint sequestering and redress methods and the rules for access to these procedures are available at the premises and on the websites of district (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, provincial inspectorates of trade inspection and at the following online addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php. 2. The Consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and redress: a. The consumer shall be entitled to request the permanent Amicous consumer court referred to in article Article 37 of the Act of 15 December 2000 on Trade Inspection (OJ 2014, item 2014). 148 of late. as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller. b. The consumer is entitled to ask the provincial inspector of the Trade inspection in accordance with art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item. 148 of late. as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller. c. The consumer may obtain free assistance to settle the dispute between him and the seller, also using free assistance from the county (municipal) consumer advocate or a social organisation to which the statutory tasks should be protected Consumers (m.in. Federation Of Consumers, Consumer Association Of Polish).
§ 13 Personal data in the Online Store
1. The seller is the administrator of the personal data of clients collected through the online store.
2. Personal data of Customers collected by the administrator through the Online Store is collected in order to fulfill the Sales Agreement, and if the Customer agrees – also for marketing purpose.
3. The recipients of personal data of the Customers of the Online Store may be:
a. In the case of a Customer who uses the method of delivery by post or courier in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary performing shipments at the request of the Administrator.
b. In the case of a customer who uses the online shop for electronic payment or payment card, the Administrator shall provide the collected personal data of the customer, to the selected entity servicing the above payments in the online store.
4. The customer has the right to access and correct the content of his/her data.
5. The provision of personal data is voluntary, although the failure to provide the personal data required to conclude the sales agreement indicated in the regulations results in the inability to conclude the contract.
§ 14 Final provisions
1. Contracts concluded through the online store are concluded in English.
2. Seller reserves the right to make changes to the Regulations for important reasons that it is: changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of these Terms and Conditions. The seller shall inform the customer at least 7 days in advance of any change.
3. In matters not governed by these Terms and conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; The Act on the provision of services electronically; The Act on Consumer Rights, the Act on the protection of personal data.
4. The customer has the right to use out-of-court ways of handling complaints and redress. To this end, you can file a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/. Information on the online dispute resolution system pursuant to Article Article 14(a) 1 ODR (Online Dispute Resolution): The European Commission shall ensure that consumers can resolve disputes in online commerce in accordance with Article 1 of the European Union. Article 14(a) 1 ODR (Online Dispute Resolution), on one of the platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a place where consumers can try to reach out-of-litigation agreements in disputes arising from purchases and contracts for services on the Internet.